The Board cannot make a fully-informed decision on the issue of entitlement to service connection for sleep apnea, as the current VA examiner's opinion is inadequate. The Veteran contends that his sleep apnea is due or aggravated by his service-connected disabilities, but the examiner did not consider these factors in their assessment.
The deciding factor: The Board needs an examiner to consider whether the Veteran’s service-connected disabilities are at least as likely as not to cause or aggravate his sleep apnea.
- Claimed conditions
- sleep apnea, persistent depressive disorder, soft tissue injury of the lumbar spine, right shoulder dislocation of the acromioclavicular joint, chronic fatigue syndrome, right ureteral calculus, bilateral ankle degenerative arthritis, right knee degenerative arthritis with meniscal tear, left knee tri-compartment degenerative joint disease, rheumatism in right and left lower extremities involving the sciatic/anterior tibial nerves, right hip degenerative arthritis with limited extension and flexion and limited abduction and adduction, left hip degenerative arthritis with trochanteric pain syndrome, limited extension, limited flexion, limited abduction and adduction, chondromalacia of the right and left knees, right shoulder separation and limited motion of the arm above the shoulder, chronic diarrhea, external hemorrhoids, erectile dysfunction, Burkitt's lymphoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2019
- Citation
- 19116538
Veterans Law Judge
Decisions by this judge: 1,820 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 19116538.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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